Criminal Execution Research Articles

Some Problems of the Death Penalty and Life Imprisonment in the Context of the Innovative Nature of the Criminal Executive Law as a Corrective Labor Procedure

Some Problems of the Death Penalty and Life Imprisonment in the Context of the Innovative Nature of the Criminal Executive Law as a Corrective Labor Procedure

USE OF THE INSTITUTION OF ADMONITION BY PROFESSIONAL PROBATION OFFICERS

In Poland, probation officers have the power to issue admonitions to convicted offenders. The prerequisite for its use is the fulfilment of the conditions referred to in Article 173 § 3 of the Polish Criminal Executive Code. According to the intention of the framers, it was supposed to discipline the convicted person so that they would observe the law in force and, in the period of probation, submit to the obligations imposed on them. Since this legal institution has been in force for almost 10 years, it has been decided to have a look at how it functions in practice. For that purpose, research was carried out, in which an attempt was made to establish how court probation officers apply the institution of admonition to convicted offenders and whether it is an effective tool in influencing their behaviour. The research included 151 cases in which probation officers applied admonition in 2015-2017. The research was carried out on the basis of an analysis of probation files. As a result, it was established, among other things, that in some of the cases a change in the convicted person’s (offender’s) behaviour can be observed after the admonition was given. It was also noted that the effectiveness of an admonition is affected by the manner in which it is given.

Отзыв официального оппонента о диссертации З. М. Бешуковой «Механизм уголовно-правового противодействия экстремистской деятельности: содержание, структура, основные направления оптими- зации», представленной на соискание ученой степени доктора юридических наук по специальности 12.00.08

Objective: to conduct a comprehensive analysis of the doctoral thesis by Z. M. Beshukova on “Mechanism of criminal-legal counteraction to extremist activity: content, structure, main directions of optimization”, defended in 2021 in the Dissertation Council D 212.320.04 at Chechen State University.Methods: the dialectical method of cognition was used, which, taking into account the topic and content of the thesis, determined the choice of the following research methods: analysis, synthesis, comparative-legal method, etc.Results: the author’s concept is studied, aimed at increasing the level of criminal-legal counteraction to extremist activities. The relevance of the direction taken for the study is confirmed. The main directions of criminal policy optimization in the studied area are highlighted, including by demonstration of their content and structure. The main provisions submitted for defense are supported, which constitute the author’s research concept. The reviewer’s opinions on the thesis are presented, concerning the use of positive foreign experience in counteracting extremism, the proposed options for the terrorist and extremist crimes qualification, as well as the proposed legal conditions governing the grounds for exemption from criminal liability for persons who participated in the activities of an extremist organized group or extremist community. A critical evaluation was carried out for the main provisions of the thesis, for example, the absence of the author’s concept of extremist activity; the definition of goods and values in relation to which the goals are achieved and the functions of the criminal-legal counteraction to extremism are implemented; the author’s classification of terrorist crimes; the proposed version of Article 2821 of the Criminal Code of the Russian Federation “Creation of an extremist organized group, extremist community or participation in it”.Scientific novelty: the author evaluates the thesis by Z. M. Beshukova, submitted for the degree of Doctor of Law in the major “12.00.08 - Criminal Law and Criminology; Criminal Executive Law” on “Mechanism of criminal-legal counteraction to extremist activity: content, structure, main directions of optimization”, identifies its scientific achievements, defines the provisions that allow adjusting the criminal policy in the sphere of extremism counteraction.Practical significance: the review allows using the obtained results in all elements of legal technique focused on countering extremist activities.

Damage compensation for innocent defendants and Convicts in Iran and the Canadian legal system

In the field of innocent defendants and convicts' damage compensation who have endured further losses due to issue criminal supply contracts or orders execution, their innocence has been cleared by issuing acquittance sentences. It counted as one of the most challenging issues in private and criminal law. In these recent years, based on positive changes in the rules of Iran, a lot of works done for innocent defendants and convicts' damage compensation have endured different and unfair punishments. But no integration or constructive work has been done for guiltless convicts' damage compensation who have endured some parts or all their punishments, and their innocence has been proved but not predicted. The reverse of this matter is true in the Canadian law system. Only a guilty convict who has tolerated some or all parts of unfair punishment deserves to receive damage compensation. This study attempted to research the subject's international binding rules, and many practical strategies for guiltless convicts' damage compensation will be considered in both systems by a comparative study.

WITTGENSTEIN E A PRÁTICA CLÍNICA NA EXECUÇÃO PENAL: UMA POSSÍVEL CONTRIBUIÇÃO DA FILOSOFIA DA LINGUAGEM PARA AS CIÊNCIAS CRIMINAIS

Clinical practice in criminal execution is one of the central objects of criminological criticism since the transition from the etiological paradigm to that of social reaction, occupying a large space of tension between the criminal justice system and the studies on crime and violence. In Brazil, the performance of criminological examinations with the aim of verify the ability to the return to society is the most controversial practice in the execution phase, receiving criticisms of several orders. In order to promote a philosophical analysis about the question, this article used the linguistic assumptions of Ludwig Wittgenstein to identify, through bibliographic research, the possible inconsistencies caused by in these personality exams. It was possible to conclude that the so-called pathologies of language may be responsible for stereotypes implicit in technical assessments, which is why the conclusions found should not be taken as the maximum expression of truth.

PECULIARITIES OF THE LEGAL STATUS OF IMPRISONED MINORS

"The aim of this article is to define a legal status and specific features of minors who executed imprisonment in correctional colonies. The article also describes the ongoing reforms in the Republic of Uzbekistan to expand the rights of prisoners. Furthermore, the norms of the Criminal Executive Code of the Republic of Uzbekistan to ensure the rights of imprisoned minors are analyzed. In this article, the international standards in ensuring the rights and legitimate interests of minors are described, and the legal norms and law enforcement practices of foreign countries such as Italy, Latvia, Great Britain, and Russia are compared. In addition, the author gives suggestions to evolve legislation of the rights and freedoms, particularly, the right to get an education and the rights of convicts to effectively assist in their post-penitentiary adaptation during the release phase of minors who have been sentenced by the legislation of the Republic of Uzbekistan and the Criminal Executive Code."

ЮРИДИЧНІ ТА ПСИХОЛОГІЧНІ ЗАСАДИ МЕТОДИКИ ДОСЛІДЖЕННЯ ЕФЕКТИВНОСТІ ЗАХОДІВ ДИСЦИПЛІНАРНОГО ВПЛИВУ, ЯКІ ЗАСТОСОВУЮТЬСЯ ДО НЕПОВНОЛІТНІХ ОСІБ, ЗАСУДЖЕНИХ ДО ПОЗБАВЛЕННЯ ВОЛІ

The article considers the purpose of disciplinary measures applied to the juveniles sentenced to imprisonment as a means of educational influence, stimulation of law-abiding behavior, correction and resocialization of such juveniles, enshrined in the criminal-executive legislation of Ukraine. The purpose of the study is to determine the effectiveness, feasibility and validity of incentives and sanctions applied to such individuals, using appropriate methods. The author analyzes the state of study of the issue in the science of criminal executive law, as well as in the sciences of general psychology and pedagogy and penitentiary psychology and pedagogy. Consequently, the relevance of this topic is confirmed. The article presents the exhaustive list of incentives and sanctions defined in the Criminal Executive Code of Ukraine, which can be applied to the juveniles serving a sentence of imprisonment. In addition, the author describes incentives and sanctions as traditional means to influence motivation, as an incentive to the law-abiding behavior. To identify the effectiveness of disciplinary measures applied to the juvenile prisoners, the author conducted a survey of 55 young men aged 14–17 serving imprisonment in the Kremenchug correctional colony. For this purpose, a complex of methods was used: methods of diagnosing personality about the motivation to succeed as well as for the motivation to avoid the failures of T. Ehlers; ADOR parental attitude test questionnaire; five-factor personal questionnaire «Big Five» (R. McCray and P. Costa); as well as 2 questionnaires developed by the author: a questionnaire of development factors and personal data and also a questionnaire to study the attitude of the juvenile convicts to disciplinary measures. The data obtained as a result of the survey of the juvenile prisoners and their mathematical and statistical processing with the help of cluster, comparative, correlation and factor analyzes made it possible to investigate how juveniles themselves evaluate the existing measures of incentives and sanctions. Thus, the author finds a relationship between the different attitudes of the juvenile convicts to disciplinary measures and personal characteristics of the juveniles as well as the focus of their motivation to succeed or prevent failures, which determine the greater effectiveness of incentives for some and, instead, sanctions – for others. Therefore, the author proposes to conduct a similar assessment of the feasibility of disciplinary measures in each educational colony by the employees of its socio-psychological service periodically – to optimize and effective such measures for the purpose of proper differentiated educational influence.

CRIMES HEDIONDOS: ANÁLISE PROPEDÊUTICA E PROGRESSÃO ESPECIAL DE REGIME INSTITUÍDA PELA LEI 13.769/18

The present study aimed to define proposed concepts about heinous crimes, with the minimum right allowed by Law 13.964/19 and to demonstrate how the special progression rules of the regime, applicable by Law 13.769/18, include other changes, including §§ 3 and 4 to article 112 of Law 7.210 /84 (Criminal Execution Law).The hypothetical-deductive method, by means of bibliographic research, enables the study, qualitatively, presents basic considerations about the heinous crimes and the new normsapplicable to the progression of regime exceptionally in the case of pregnant women or that is mother or responsible for children or disabled people, despite the supervenience of Law 13.964/19, which established stricter guidelines on regime progression.Aspiring with legislative innovations such as using, an operation of Criminal Law as an instrument of social protection, for the benefit of human dignity, established axiological conjuncture, outlined by the prescription of a sentence that has the greatest possible use, fulfilling as retributive purposes, preventive and resocialization at the cost of the least possible suffering to be executed.

Проблемы реализации наказания в виде ограничения свободы в современных условиях

The article considers the problems of implementation of criminal punishment in form of restraint of freedom in modern conditions. The article presents an analysis of the survey of 318 employees of Criminal Executive Inspections from seven regions on this issue. The author suggests ways and means of solving problems that arise in the process of execution of freedom.

Basics of criminalization in Iran in administrative jobs

Background and purpose: This article aims to examine the basics of criminalization in Iran in administrative offices. Methodology: The research method is a descriptive-theoretical approach that, while reviewing the basics of criminalization, it expresses the records, regulations, backgrounds, the views of different experts, books, and articles published in this field. Results: The review of the theoretical background showed that criminalization is one of the subjects studied in the field of criminal law, which determines the criminal actions (actions and omissions) in the punishment. In the current era, due to the systematization of governance structures in various dimensions and the expansion of public and private organizations, violations and administrative corruption have become one of the basic challenges in the field of social sciences, sociology, psychology, criminology and especially criminal legislation in Iran, and conflicts have taken many. In Iran's administrative law, boards for dealing with occupational violations, including important supervisory mechanisms in executive administrative bodies, have been formed to realize the rule of law and justice and to create order in the administrative system to govern employees' behaviors working in the office environment. Some of the crimes committed by people working in administrative jobs are violations that must be reported to administrative violation boards, and these bodies are obliged to handle them, and this obligation is not only moral, but the Iranian legislature has set a guarantee of implementation for it. The extent of criminalization and the amount of government criminal intervention in various fields, including administrative jobs, are closely related to the type of political system of each country, the ruling ideology, and finally, the type of its criminal policy model that the main and general strategies are often reflected in the constitution. Conclusion: In general, criminalization is a process by which the legislator, taking into account the basic norms and values of the society and relying on his accepted theoretical foundations, prohibits the current act or omission; It also imposes a guarantee of criminal execution. In Iran's criminalization, examples have been set for occupational crimes that need to be changed.

Конституционные основы цифрового государства: опыт федеральной службы исполнения наказаний

The Russian Federation is responsible for information technology and communications. The digital transformation of the powers of penitentiary institutions requires a detailed study of the theoretical and practical issues of implementing the constitutional foundations of the digital state. In this article, the author analyzes the experience of the Federal penitentiary service in implementing the constitutional foundations of the digital state. The author considers the international and Russian experience of digital transformation of the powers of penitentiary institutions. The relevance of the topic is due to current trends in building digital states in the world, which in turn requires the creation of a special legal regulation. The article analyzes the experience of the Federal Penitentiary Service of Russia in implementing the tasks of the penitentiary system using digital technologies, and highlights the reasons that hinder this process. The methodological basis of the research is the method of scientific knowledgea comparative legal method. The efficiency of digital transformation of the powers of the Federal penitentiary service as part of the digital state is determined. The author came to the conclusion that in order to implement the basic principles of the constitutional system of the digital state within the powers of the Federal Penitentiary Service of Russia, it is necessary to create a special digital platform, provide technical capabilities, and make changes to the Criminal Executive Code of the Russian Federation.

Уголовная политика в системе обеспечения правовой безопасности

The article considers issues of legal security through the modernization of criminal law, criminal procedure and criminal execution norms aimed at improving the criminal policy of the Republic of Kazakhstan. The authors carried out an analysis of norms of criminal law, criminal procedural, and criminal executive legislation of the Republic of Kazakhstan. The article highlights some innovations in a comparative aspect, indicating promising directions, ensuring the effectiveness of their application and implementation in law enforcement activity of the subjects of proof. The article reveals mechanisms of criminal policy improvement based on the system-complex approach and application of comparative-legal analysis. System-complex approach has been considered in terms of disclosure of material and procedural norms, determining comprehensiveness, completeness, and objectivity of regular processes of interaction, reflection, and manifestation of objective-subjective factors of formation and development of criminal activity. The mechanism of criminal activity has been disclosed in terms of regulation and management of the process of

НОВЫЙ ЭЛЕМЕНТ В ПРОЦЕДУРЕ ЭКСТРАДИЦИИ

The aim of the article is to justify a new element in the procedure for the extradition of a person for criminal prosecution or sentence execution. This element is the checking for compliance with internationally recognized standards of the conditions of the possible detention before trial, incarceration, as well as during transfer, in the country this person is extradited to. The source basis of the study were materials of the European Court of Human Rights, courts of the United Kingdom of Great Britain and Northern Ireland, the Supreme Court of the Russian Federation, the Federal Penitentiary Service of Russia, the Main Directorate of International Legal Cooperation of the Prosecutor General’s Office of the Russian Federation, materials of checks of confinement conditions in Russian penitentiary institutions. Materials of checks of confinement conditions in specific penitentiary institutions have been supplemented with materials of checks of conditions for transferring prisoners in the Russian Federation. The study is based on the application of the method of participatory observation expressed in the collection of factual material during direct participation in the work of the Main Directorate of International Legal Cooperation of the General Prosecutor’s Office of the Russian Federation in organizing checks by foreign experts of the confinement conditions of prisoners when deciding on extradition. Methods of observation, interviewing, experiment, analysis, comparison, and others were also used. The analysis of the available materials and the author’s own practice showed that foreign partners began to actively use information about unsatisfactory confinement conditions in prisons in specific cases as a basis for refusal to extradite people to Russia. When deciding on the extradition of persons detained at the request of the Russian side for criminal prosecution, the practice of foreign partners has introduced the organization of regular checks of the alleged confinement conditions in the Russian Federation on specific criminal cases in relation to specific persons. In order to overcome the emerging problems, on a contractual basis, foreign authoritative specialists are organizing inspections of the conditions in various penitentiary institutions. The results of such inspections in specific penitentiary institutions are of direct importance in matters of extradition in specific cases. On the basis of this material, the need was justified to include an additional element in the theoretical and legislative model of extradition, which no one has yet mentioned in the legal literature – checking the conditions of the possible detention of the extradited person before trial and incarceration. In order to overcome the negative trends, a set of measures at three different levels has been proposed to bring the conditions of the person extradited during the transfer to Russia in line with internationally recognized standards.

A LEI Nº 12.654, DE 2012 (PERFIS GENÉTICOS CRIMINAIS) E AS ALTERAÇÕES DO PACOTE “ANTICRIME” NA LEI DE EXECUÇÃO PENAL: UMA ANÁLISE CRÍTICA

This article aims to address the main aspects of Law 12.654/2012, which amended the Brazilian Criminal Execution Law to introduce art. 9-A, for the creation of a criminal genetic profile bank in the country for perpetrators convicted of more serious crimes, expressly listed by the Law. In addition, it updates the main changes made by the so-called "Anti-Crime Package" (Law 13964/2019) in this same matter, given the overthrow of the presidential vetoes to the package and the introduction of several new paragraphs in art. 9-A of the LEP. Parallel to this presentation, the article makes a critical analysis of the creation of this database of criminal genetic profiles in Brazil, in light of the democratic rule of law in force, highlighting the infringement of the principle of human dignity by a compulsory measure violating the rights of personality that makes the convict a kind of “transparent man”.

Law Enforcement Activities of the Criminal Executive Special Forces Associated with the Use of Coercive Measures

Research prerequisites: Insufficient scientific knowledge of this issue dictates the advisability of considering and studying this topic. For the first time, the article highlights the legal aspects associated with the use of methods of struggle, special means, and military weapons by employees of special-purpose units of the criminal-executive (penitentiary) system of Russia. The paper states that only for the commission of criminal offences, it is possible to use military weapons by special forces units of the Federal Penitentiary Service and special escorting divisions of the criminalexecutive system of the Russian Federation. Purpose of the research: to investigate the law enforcement activities of the penitentiary special forces associated with the use of coercive measures including for criminal offences. Methods: when considering the essence of coercive measures in the law enforcement activities of special-purpose units, the article used the dialectical method. To formulate the conditions for the correct (legal) use of weapons in law enforcement directly by employees of special-purpose units of the Russian penitentiary system, systematized methods were used. The empirical method was used when interviewing special forces officers in the investigated activities. Results and novelty: the scientific result of this article is the first formulated many components aimed at improving the measures of coercion. In particular, the grounds for the correct use of methods of struggle, special means, and military weapons are proposed. The article identifies situations (circumstances) associated with a real threat to the life and health of a special-purpose employee. The negative and positive aspects associated with the use of coercive measures are emphasized.

Derecho a la Maternidad de Mujeres Privadas de la Libertad en México

La vida diaria de mujeres privadas de la libertad en centros penitenciarios en México ha sido poco abordada en relación a las condiciones de bienes y servicios a su alcance en el tiempo que compurgan su pena, asimismo prevalece una falta de adecuación de estos centros para atender las necesidades específicas del sexo femenino y garantizar sus derechos humanos. En este sentido se analizó el derecho a la maternidad de estas mujeres desde sus experiencias recuperadas a partir de una revisión de literatura, análisis de instrumentos jurídicos y datos estadísticos de la Encuesta Nacional de Población Privada de la Libertad y el Censo Nacional de Gobierno, Seguridad Pública y Sistemas Penitenciarios Estatales. Se encontró que este derecho está reconocido en la Ley Nacional de Ejecución Penal, pero se vulnera en el sistema penitenciario al no cubrir en su totalidad las necesidades particulares por lo que es necesario fortalecer políticas públicas en el tema.

The Effect of the Use of Discussion Types on the Listening Skills of Convicts / Prisoners in Training-Improvement Activities Applied in Criminal Execution Institutions

Training and rehabilitation activities for convicts and detainees are of utmost importance for a state’s national policy in terms of their targeted lives after release. The purpose of this study is to put forward whether socio-cultural activities such as debate, panel, forum, open session used in education and training activities for the rehabilitation works performed for prisoners are effective in practice or not and making detections on the issue that activities related with improving the listening skills of prisoners can be improved or not. This research was carried out with 122 volunteer participants selected with random method from convicts/detainees in penal institutions of Bursa province who graduated from primary school, secondary school, high school and university. The study has been analyzed by five different achievements tests which have been designed by the researcher to measure the ability to understand the listening comprehension success and it has been analyzed with a statistical analysis software. The study reveals that with the use of discussion types the success of convicts/prisoners in listening comprehension has showed a significant difference between pre-test and post-test.

ЗВІЛЬНЕННЯ ВІД ВІДБУВАННЯ ПОКАРАННЯ У ВИДІ ДОВІЧНОГО ПОЗБАВЛЕННЯ ВОЛІ: ВІТЧИЗНЯНІ РЕАЛІЇ ТА ПЕРСПЕКТИВИ ВДОСКОНАЛЕННЯ

The article is dedicated to the analysis of the domestic legislation on release from serving a sentence in the form of life imprisonment. It has been found out that life imprisonment is the most severe type of punishment in many countries of the world. This fact leads to lively scientific and practical discussions around the legal regulation of certain aspects of its implementing and serving. The issue of release from serving this type of punishment is especially acute, as human rights organizations emphasize the lack of an effective mechanism for release from serving a sentence in the form of life imprisonment in Ukraine, which contradicts not only a number of international normative and legal acts but also the basic principles of a democratic society which should not deny a person in the opportunity to re-socialize. A review of international norms relating to this area of legal relations is maintained. The main models of release from serving a sentence in the form of life imprisonment on the example of foreign experience are considered. It is concluded that the current model of release from serving a sentence in the form of life imprisonment in Ukraine is inconsistent with the provisions of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the principle of humanism, and therefore has no prospects for further development and requires significant transformation, because the institution of presidential pardon is rather exceptional and does not create a really functioning mechanism of release from serving a sentence in the form of life imprisonment, but only creates additional problems in the law enforcement process. These shortcomings of the existing model of release from serving a sentence in the form of life imprisonment in Ukraine have been highlighted, in particular, by the European Court of Human Rights. It is substantiated that the current initiatives aimed at making changes in this area at the level of normative and legal acts are an important but insufficient step to solve this problem. Therefore, the relevant amendments should be made in the Criminal and Criminal Executive Codes of Ukraine and further detailed at the sub statutory level. Making such amendments will not only allow to bring the provisions of domestic criminal and criminal-executive legislation in line with high international standards of human rights protection, but also in accordance with the Constitution of Ukraine, which is the Basic Law of our state. Key words: life imprisonment, release from serving a sentence, pardon, legislation, foreign experience.

Dede Cöngi’nin Siyâsetü’ş-Şer’iyyesi’nin Ceza Hukuku Değeri

The concept and content of siyasa in Islamic Law has been one of the most controversial topics throughout history. The concept of siyasa, which has developed especially in the Hanafi fiqh, has been a method used in the Ottoman State. One of the most important treatises in the Ottoman Empire regarding the siyasa that should be examined in terms of Criminal Law is Al-Siyasa Al-Shar’iya Of Dede Congi. The author gave explanations regarding the compliance with laws of the siyasa sanction in Al-Siyasa Al-Sharyia Of Dede Congi. While explaining this concept the author also gave explanations about principles of criminal law, crime theory, certain types of crime and sanctions prescribed to them, the law on criminal procedure and the law on criminal execution. When the topics discussed in the treatise are examined, it will be seen that the treatise contains a significant amount of explanations regarding the criminal law. With this feature, the treatise has the quality to form a basis for the Ottoman Criminal Codes. One of its translations, in the form of articles, is in the form of code text. In addition to this, the treatise has made many quotations from fiqh books, and with this feature, it has also showed the doctrinal feature. There are some deficiencies in the treatise, which is of great importance compared to the period it was written, such as not being defined and insufficiency of explanations related to crime theory.

Pengembalian Keuangan Negara Perkara Korupsi Melalui Eksekusi Integral Oleh Kejaksaan

Kejaksaan memiliki kendala dan hambatan dalam melakukan eksekusi pidana tambahan pembayaran uang pengganti perkara korupsi yang mengakibatkan banyaknya tunggakan eksekusi perkara korupsi. Kejaksaan melakukan upaya pengembalian keuangan negara melalui kebijakan secara integral sehingga dapat melakukan eksekusi pidana uang pengganti. Penelitian ini menggunakan metode pendekatan yuridis normative dan yuridis empiris. Kemudian analisis data dilakukan secara kualitatif yang selanjutnya ditarik kesimpulan yang bersifat induktif. Berdasarkan hasil penelitian, pengembalian keuangan negara dalam perkara korupsi dilakukan melalui kebijakan eksekusi secara integral Kejaksaan secara hukum pidana tidak dapat dilaksanakan eksekusinya dengan menggunakan ketentuan Pasal 18 Undang-Undang Tipikor. Terjadinya hambatan pengembalian keuangan negara perkara korupsi melalui eksekusi secara integral oleh Kejaksaan pada undang-undang sebelumnya karena tidak diaturnya tata cara pelaksanaan eksekusi pidana tambahan berupa pembayaran uang pengganti. Saran dalam penelitian ini yaitu upaya pengembalian keuangan negara melalui eksekusi pidana tambahan uang pengganti disarankan menempuh jalur perdata lalu pemerintah segera mengundangkan RUU perampasan aset guna mempermudah jaksa melakukan eksekusi pidana uang pengganti perkara korupsi serta membuat kebijakan pengampunan melakukan pemutihan pembayaran uang pengganti bagi terpidana.